Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-1157
|
Credit Suisse Securities LLC v. Billing
Securities law implicitly precludes application of antitrust laws to underwriters' alleged conduct in case brought by investors for 'laddering' and 'tying' agreements. |
Securities |
|
Jun. 22, 2007 | |
04-56997
|
Johnson v. Aljian
Plaintiff need not plead actionable predicate violation to maintain claim under Section 20A of Exchange Act. |
Securities |
|
Jun. 22, 2007 | |
06-484
|
Tellabs Inc. v. Makor Issues & Rights Ltd.
'Strong' inference of scienter under Section 21D(b)(2) must be cogent and at least as compelling as any opposing inference of nonfraudulent intent. |
Securities |
|
Jun. 22, 2007 | |
05-71590
|
Saberi v. Commodity Futures Trading Commission
Petition to review case of trader who intentionally violated Chicago Mercantile Exchange rule in trading frozen pork bellies, is denied. |
Securities |
|
Jun. 8, 2007 | |
05-71590
|
Saberi v. Commodity Futures Trading Commission
Petition to review case of trader who intentionally violated Chicago Mercantile Exchange rule in trading frozen pork bellies, is denied. |
Securities |
|
Jun. 8, 2007 | |
05-15704
|
Betz v. Trainer Wortham & Co. Inc.
Naive investor does not have inquiry notice where reasonable investor should not have discovered alleged fraud and they receive constant assurances. |
Securities |
|
May 11, 2007 | |
G036509
|
Reiswig v. Dept. of Corporations for the State of California
Where company promoted certificates of deposit plus bonus, investment offered is not deemed security. |
Securities |
|
Mar. 20, 2007 | |
05-50882
|
U.S. v. Zolp
Court improperly finds stock to be worthless after revelation of securities fraud where shares sold and price increased. |
Securities |
|
Mar. 16, 2007 | |
B189249
|
Capital Research and Management Co. v. Brown
Savings clause of National Securities Markets Improvement Act permits state attorney general's enforcement action against security's investment advisor and wholesale broker-dealer. |
Securities |
|
Feb. 16, 2007 | |
B163699
|
People v. Frederick
Chain scheme offering co-ownership in corporation constitutes securities fraud, however filing false corporate tax return is not 'taking' for purposes of sentencing. |
Securities |
|
Nov. 2, 2006 | |
04-35715
|
Dreiling v. American Express Co.
Dismissal of case concerning short-swing profits was improper where there were questions of fact concerning whether insider was exempt from liability. |
Securities |
|
Oct. 19, 2006 | |
03-10029
|
U.S. v. Bhagat
No constructive amendment or material variance of indictment is found where facts presented were introduced for impeachment purposes. |
Securities |
|
Oct. 18, 2006 | |
04-35339
|
SEC v. Capital Consultants
Where parties failed to obtain direction for entry of judgment pursuant to FRCP Section 54(b), court lacked jurisdiction over their appeal. |
Securities |
|
Oct. 17, 2006 | |
E036597
|
Deveny v. Entropin Inc.
Triable issues of material fact exist about whether class alleging securities violations against pharmaceutical company had constructive notice of facts underlying complaint. |
Securities |
|
Sep. 6, 2006 | |
04-55665
|
Simpson v. AOL Time Warner Inc.
In securities case, complaint was properly dismissed where it failed to allege that false appearance was created to further scheme to defraud. |
Securities |
|
Sep. 6, 2006 | |
04-56084
|
Powers v. Wells Fargo Bank NA
Statute 18 U.S.C. Section 1964(c) bars RICO claims alleging security fraud in individual and class actions except where defendant has been criminally convicted. |
Securities |
|
Jun. 26, 2006 | |
04-55100
|
SEC v. JT Wallenbrock & Associates
In Ponzi scheme case, disgorgement order was proper where millions of dollars received by defendants was ill-gotten gain that unjustly enriched. |
Securities |
|
Jun. 20, 2006 | |
05-409
|
Kircher v. Putnam Funds Trust
Remand orders pursuant to securities litigation law are not exempted from general rule of nonappealability. |
Securities |
|
Jun. 16, 2006 | |
04-1371
|
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit
Class action filed by holders of securities based upon state law grounds is pre-empted by Securities Litigation Uniform Standards Act. |
Securities |
|
Mar. 28, 2006 | |
02-50252
|
U.S. v. Tarallo
Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence. |
Securities |
|
Oct. 5, 2005 | |
03-35374
|
Livid Holdings Ltd. v. Barney Inc.
Trial court may not apply 'bespeaks caution' doctrine to statements of historical fact. |
Securities |
|
Oct. 5, 2005 | |
02-56989
|
Sparling v. Daou
Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation. |
Securities |
|
Aug. 24, 2005 | |
02-56989
|
Sparling v. Daou
Allegation that company officers recognized revenues before labor had begun on contract projects suffices to show material misrepresentation. |
Securities |
|
Aug. 23, 2005 | |
03-35406
|
SEC v. Capital Consultants
District court properly approved receiver's plan of distribution proposing 50 percent offset. |
Securities |
|
Aug. 23, 2005 | |
03-56129
|
Securities and Exchange Commission v. Gemstar-TV Guide International Inc.
Termination package of $37 million to corporate officers was 'extraordinary payment' that was properly held in escrow. |
Securities |
|
Jul. 26, 2005 | |
02-50552
|
U.S. v. Tarallo
Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence. |
Securities |
|
Jun. 30, 2005 | |
03-35374
|
Livid Holdings Ltd. v. Salomon Smith Barney
Trial court may not apply 'bespeaks caution' doctrine to statements of historical fact. |
Securities |
|
Jun. 20, 2005 | |
01-57136
|
Broudo v. Dura Pharmaceuticals Inc.
Securities fraud complaint satisfied 'loss causation' element of Section 10(b) violation of Securities and Exchange Act. |
Securities |
|
May 3, 2005 | |
03-932
|
Dura Pharmaceuticals Inc. v. Broudo
Evidence of artificially inflated stock purchase price is insufficient to show loss causation. |
Securities |
|
Apr. 27, 2005 | |
03-15883
|
Nursing Home Pension Fund, Local 144 v. Oracle Corp.
Particularized allegations by buyers of software company's stock are sufficient to create strong inference that company acted with scienter. |
Securities |
|
Oct. 8, 2004 |